South Carolina Lawyer Blog

The U.S. Senate recently held hearings to consider the legal implications of the automated robot-driven cars being tested in three states -- Nevada, California and Florida.

Wonder why they’re spending time and money on unlikely scenarios right out of Back to the Future and The Jetsons? The Institute of Electrical and Electronics Engineers predicts that 75 percent of cars on the road in 2040 will be self-driving. InsuranceQuotes.com put together this infographic pointing to other statistics that may surprise you about the car of the future. http://www.insurancequotes.com/self-driving-cars/

One of the models being tested is a modified Toyota Prius which includes these features to allow it to navigate public roads without a driver:

• A high-definition video camera mounted near the rearview mirror detects traffic lights and vehicles approaching from the sides.
• A LIDAR rotating sensor on the roof (like radar but using pulses of light rather than sound) scans a radius of 200 feet to create a dynamic 3D map of the environment, showing road edges, signs, guardrails and overpasses.
• Three radar sensors in the front bumper and one in the rear bumper measure distances to various obstacles and allow the system to reduce the car’s speed.
• A sensor mounted on the left rear wheel measures lateral movements and pinpoints the car’s position on the map.

The idea of roads filled with robocars sounds pretty far out, doesn’t it? But the fact is, automakers have been gradually adding active safety features for several years, including:

• Electronic stability control to help keep cars from skidding
• Active cruise control, which slows the vehicle to maintain a safe following distance
• Autonomous steering, which recognizes lane drift and guides the car back to the center of the lane
• Parallel parking assist systems
• Adaptive headlights.

Considering that more than 34,000 people were killed in car accidents last year, with human error the cause of more than 90 percent of them, according to the National Highway Traffic Safety Association, it is clear that cars equipped with advanced technologies could save many lives. However, the cars of the future are creating thorny questions for policymakers today.

If a robotic car is involved in an accident, who’s at fault, man or machine?
Will a driver be responsible for infractions, such as running a red light, caused by a malfunction of the car’s sensors?

Are drowsy driving, texting and drinking behind the wheel likely to increase if drivers no longer need to be situationally aware?

And what about computer security and privacy concerns? According to a May 15 article in Columbia’s The State newspaper (http://www.thestate.com/2013/05/15/2773030/senate-considers-if-no-ones-behind.html), NHTSA has created a new division to focus on cybersecurity. NHTSA head, David Strickland, said the agency’s aim will be to “ensure that the driver cannot lose control and that the overall system cannot be corrupted to send faulty data.”

Last year’s Santa Clara Law Review annual symposium drew legal scholars from around the country to discuss regulations and questions of insurance coverage and civil and criminal liability. “Technology is way ahead of the law,” said law professor Dorothy Glancy, who focuses on public transportation and privacy issues. “It’s going to be with us whether we think about these issues or not,” she said. “To think about the legal issues in advance – that’s a really good thing.”

Yes, to plan for the future is a good thing, because the future really is now.

South Carolina consumers should look out for a new email scam that is trying to take advantage of last year’s Department of Revenue security hacking scandal.

The scammers are targeting people who signed up for the free credit report monitoring service provided by DOR in the wake of the 2012 security breach. The e-mails purport to be an “Identity Theft Alert” or “Credit Report Update.”

But the real goal is to coax recipients to open the e-mail and click on an embedded link. Once this is done, confidential information might be compromised – leading to consumer injury and loss.

Following is from a news release by the South Carolina Department of Consumer Affairs:

[The SCDCA] is urging consumers to beware of phishing e-mails that appear to be coming from the credit bureaus.

This latest phishing trend has fraudsters trying to capitalize on consumer fears following the Department of Revenue (DOR) security breach.

It is well known that many consumers have signed up for the free credit report monitoring service offered by DOR through Experian. In an attempt to separate consumers from their personal information, scammers are now sending fake e-mails, posing as Equifax. The e-mails attempt to grab the consumer’s attention by using words like “Identity Theft Alert,” or “Your score has dropped,” in the subject line. Once opened, the consumer is urged to check their declining credit score through an embedded link.

SCDCA wants to take this opportunity to remind consumers that scammers will also pose as government agencies. The most recent example of this involves correspondence supposedly from the Office of the Comptroller of the Currency (OCC). These scam attempts can come via letter, e-mail and fax and typically say that funds are being held by Bank of America and can only be released if a mandatory service charge is paid.

Following are some steps to avoid cyber-theft:

• Verify all e-mail messages. When a business contacts you, especially by e-mail, verify the validity of the message by following up with the business directly. Use contact information you know is correct.

• Do not click on any links in the message or cut and paste links into your browser. Phishing e-mails may contain software that can harm your computer or track your activity online.

• Check the legitimacy of the domain or sender’s address. Be suspicious if there are many letters and numbers in the web address or e-mail address (e.g., admin@m78mail.com). This does not resemble gmail.com or yahoo.com, etc.

• Note the grammar. “You might be having Identity Theft issue,” is broken English. Reputable companies will never e-mail consumers with such verbiage.

• Pay attention to the website link given in the e-mail. Please visit HERE does not show the actual link you will be visiting.

• Use antivirus software and a firewall. Make sure to update them regularly.

Source: SC Department of Consumer Affairs http://www.consumer.sc.gov/consumer/PressRelease/Documents/2013/13003.pdf

South Carolina military veterans can now get a special “VETERAN” designation on their driver licenses and permits.

The state Department of Motor Vehicles launched the new program in September.

According to a department press release:

“The Governor and the Legislature joined forces to acknowledge the service of our veterans,” said [DMV] Executive Director Kevin Shwedo. “Our veterans have done their part serving our country and it’s only right that we should honor them. I’m proud that we can offer this service and I hope they will take advantage of it.”

The VETERAN designation applies only to individuals who served honorably as members of the United States Armed Forces. To apply, veterans must present their Form DD214 (Certificate of Release or Discharge from Active Duty), which indicates an honorable discharge. No other proof of service will be accepted. Military dependents, spouses or civilian employees on military bases are not eligible.

The cost to add the VETERAN designation to a driver license, identification card or beginner permit is $1.00.

Veterans applying for the designation can visit any DMV office statewide.

The Louthian Law Firm is pleased to support the brave men and women who serve in our armed forces.
Free Consultation With A Columbia Personal Injury Lawyer

Are you a veteran who has been in an automobile accident? Do you have a question about your legal rights? Get a free case evaluation from an experienced South Carolina motor vehicle lawyer. Call 888-616-4339 or use this online form. The call is confidential and toll free.

Source: South Carolina Department of Motor Vehicles

http://www.louthianlaw.com/about.asp

Most of us are aware of the danger caused by convicted drunk drivers who get behind the wheel again without treatment or before they’ve followed all the necessary legal steps to regain their licenses. We’ve written about this very serious problem before.

However, as a recent article in The State shows, certain kinds of medical histories and conditions can have consequences that are just as deadly. The State article discusses the driving history of an inactive Richland County sheriff’s deputy named George Mickens, who has been involved in several serious accidents—including a June 30, 2011, crash that occurred as Mickens was driving a county-owned vehicle. The crash claimed the life of a 67-year-old retired contractor and community activist named Tommy Hawkins, and put Mickens on inactive deputy status with the Richland County Sheriff’s Department.

As The State uncovered, Mickens’ troubles didn’t stop there. According to the report, he was involved in another accident in December 2011.

One of the most distressing aspects of the June collision, aside from the loss of Mr. Hawkins’ life, is that Mickens was operating an official Richland County vehicle. During the investigation into the accident that killed Mr. Hawkins, the deputy revealed that he has a history of previous seizures—and that he’d had a seizure at work in the past. Because of this medical history, we believe allowing Mickens to operate a motor vehicle on public roadways was an unacceptable risk that posed a danger to others.

As our own Bert Louthian says in the article, “This is an accident that should never have happened. Instead, Mr. Hawkins lost his life needlessly, leaving behind his wife, Linda, five children, 11 grandchildren and four great-grandchildren.”

It was only after the December accident that Mickens South Carolina drivers’ license was finally canceled. Every state in the U.S. has requirements about drivers whose abilities may be impaired for medical or biological reasons—such as aging drivers, drivers with disabilities, with diseases that affect their vision, hearing or reflexes, etc. Unfortunately, without alternatives to help with enforcement, or better systems to help medically impaired drivers find other means of transportation, many states have to rely on people to voluntarily comply with decisions by regulators—or to have families who can take on the burdens of assisting or monitoring those who cannot drive themselves. We believe that kind of system isn’t adequately safeguarding South Carolina drivers.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Columbia, S.C., May 18, 2012 -- South Carolina motorcycle accident lawyer Bert Louthian said May's National Motorcycle Safety Awareness Month is a good time to raise awareness among Palmetto State motorists that motorcycles have the same rights and privileges as any other vehicle on the road.

“It's a time when motorcycle activity starts to pick up across our state, and it’s important to remind everyone that a large number of South Carolina motorcycle accidents are caused by the other vehicle involved in the wreck,” said Louthian, a partner of the Columbia personal injury firm, Louthian Law Firm, P.A.

“Too often, drivers don’t pay enough attention to the motorcycle on the road with them – or else they fail to respect the bike’s presence – and the result is a wreck that can be catastrophic for the motorcycle rider and, in many cases, their passenger,” Louthian said.

“Motorcycle safety is a two-way street. Motorcyclists should wear helmets at all times and practice defensive driving. This month, we also need to make sure that car, bus and truck drivers know that they have a duty as well. They must share the road responsibly with their two-wheeled counterparts.”

Louthian pointed out that motorcyclist fatalities increased nationwide in 2010 to 4,502, which was 14 percent of total highway fatalities for the year, according to the National Highway Traffic Safety Administration. The increase in fatalities renewed a 13-year trend that had been interrupted by a one-year decline in fatal motorcycle accidents in 2009.

In South Carolina, the numbers have turned grim as well. According to the S.C. Department of Public Safety, 102 motorcycle riders died on state roads in 2011, marking an increase from 82 the year before. So far in 2012, there have been 36 motorcyclist traffic deaths, the SCDPS says.

“Because a motorcyclist lacks protection and is significantly outweighed by the other vehicle, the motorcycle rider can suffer severe injuries in a collision, including traumatic brain injury, paralysis, serious scarring or – in the worst cases – death,” Louthian said. “That’s why it’s so important for other drivers to be on alert when motorcycles are present on the road.”

Louthian says motor vehicle drivers can help to improve motorcycle safety by taking steps that include:

• Checking their rearview mirrors and blind spots when they know a motorcycle is nearby. This can avoid accidents caused by a driver making a left turn in front of the motorcycle, Louthian said.


• Leaving extra travel distance behind a motorcycle. This can avoid rear-end collisions, the Columbia personal injury attorney said. Often, a motorcyclist may need to stop quickly or change direction because of potholes, puddles, ice or other obstructions, he noted. He suggested a cushion of 3-4 seconds.


• Never try to share a lane with a motorcycle. For the same reason a car driver wouldn’t share a lane with another car, they shouldn’t do so with a motorcycle, Louthian said. The motorcycle should be treated as another vehicle at all times.

Too often, he said, the insurance company for the other driver will try to put blame for the accident on the motorcyclist or contend that the motorcycle rider’s injuries could have been lessened if they had been safer. The insurer is simply out to minimize its losses, he said.

“The bottom line is that when other motorists fail to see bikers or don’t take the care they should to avoid a crash, they have failed their duty,” Louthian said. “They need to be held accountable, and the victims of their negligence need to be fully and fairly compensated.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Columbia, S.C., April 24, 2012 -- South Carolina nursing home abuse and neglect attorney Bert Louthian today hailed a Centers for Medicare & Medicaid Services (CMS) program launched recently to combat the use of antipsychotic medications with nursing home residents.

“The excessive and inappropriate use of antipsychotic drugs in nursing homes and other elderly care situations is a longstanding problem, and it’s good to see the federal government’s primary medical care program for the elderly take steps to put an end to this kind of abuse,” said Louthian, a partner in the South Carolina personal injury firm, Louthian Law Firm, P.A., which is based in Columbia.

The “National Initiative to Improve Behavioral Health & Reduce the Use of Antipsychotic Medications in Nursing Home Residents” is meant to raise awareness of antipsychotic misuse, improve regulatory oversight and train nursing home workers on non-drug treatments for aggressive and agitated dementia behaviors, according to McKnight’s Long-Term Care News & Assisted Living online journal.

A 2011 audit by the CMS found that thousands of elderly nursing home residents suffering from dementia were given powerful antipsychotic drugs as a means of controlling aggressive behavior symptomatic of dementia, the New York Times reported.

The auditors said 83 percent of antipsychotic drugs prescribed for elderly nursing home residents were for uses not approved by federal regulators, and 88 percent were to treat patients with dementia, for whom the drugs can be lethal, the newspaper said.

“Applying medication that is known to be improper, let alone potentially lethal, is nothing less than abuse of the elderly,” Louthian said. “This practice, which is sometimes called ‘chemical restraint,’ needs to stop.”

Louthian’s law firm investigates elderly and nursing home patient neglect or abuse across South Carolina.

“Family members and others connected to nursing home patients need to help them by looking out for their welfare and asking questions about the medications they are receiving,” Louthian said.

“If a person thinks an elderly patient is being treated incorrectly, through improper medication or other means, they should contact an experienced nursing home abuse and neglect lawyer to learn about their legal options.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to claims involving nursing home abuse, the Louthian Law Firm also handles whistleblower claims, sexual harassment, personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Columbia, S.C., March 29, 2012 -- Columbia car accident attorney Bert Louthian said today that stricter law enforcement and educational campaigns suggested by the Governors Highway Safety Association (GHSA) should be pursued to fight an increasing number of deaths attributed to speeding over the last 10 years.

“As a society, we should address speeding and the destruction it causes the same way we have worked against drunk driving and for the use of seat belts to save lives,” said Louthian, a partner in the Columbia personal injury firm, Louthian Law Firm, P.A.

The GHSA said this month that there has been progress in “nearly every other area of highway safety,” over the last 30 years, but speeding has continued to be a factor in about a third of traffic deaths each year.

Car accidents blamed on speeding in the U.S. accounted for 31 percent of all traffic deaths in 2010, marking a 7 percent increase since 2000, the GHSA said. At the same time, car crash fatalities blamed on not using a seatbelt dropped by 23 percent and deaths due to drunk driving were down by 3 percent.

The GHSA said that seven states have increased maximum speed limits “despite research showing that an increase in traffic deaths was attributable to raised speed limits on all road types after the 1995 repeal of federal speed limits,” of 55 mph.

South Carolina allows 70 mph speed limits on interstates.

The GHSA says states should consider increasing law enforcement efforts against “aggressive driving” because “the public considers aggressive driving a more serious threat to safety.” The study also suggests stricter enforcement of speeding in school and work zones, which it says has strong public support.

South Carolina has no specific “aggressive driving” law, although 11 states do. South Carolina law specifies enhanced fines of $75 to $200 or up to 30 days jail, or both, for speeding in a work zone.

The GHSA report also said the National Highway Traffic Safety Administration (NHTSA) should sponsor a high-visibility enforcement campaign and support public awareness efforts to address speeding and aggressive driving.

Louthian said if a South Carolina resident is severely injured in a car accident caused by speeding, they should seek legal help to hold the driver at fault accountable and to obtain compensation for their losses through a lawsuit if necessary.

“Those who suffer personal injury or the wrongful death of a loved one in a motor vehicle accident face medical bills, repair bills, lost income and other financial costs that often were caused by someone else’s recklessness, such as speeding,” Louthian said. “These are the people we stand up for and fight for.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Columbia personal injury attorney Herb Louthian, a partner at Louthian Law Firm, P.A., believes the cost for South Carolina taxpayers to fight the new Voter ID requirement will exceed $1 million. As a board member of Common Cause, Louthian explains that with a high-cost, Washington, DC, attorney being used by the state, as opposed to using existing legal staff on hand for the state’s legal matters, the cost could become excessive.

South Carolina Governor Nikki Haley signed the voter ID bill into law in May requiring voters to show photo identification to cast ballots in person. Critics see the law as an attempt to keep the poor, who often do not have a state-issued id, from voting.

Under the federal Voting Rights Act, no state can impose a "voting qualification or prerequisite to voting” that could be deemed discriminatory. As a result, the South Carolina attorney general’s office must argue before a three-judge panel in U.S. District Court in Washington that the law is meant to prevent fraud and is not an attempt to unfairly restrict residents from voting. Attorney General Wilson decided to bring in an out-of-state attorney. The attorney’s rate is $520-an-hour.

While Louthian is opposed to the more restrictive voter ID bill signed by Governor Haley, he doesn’t question the state’s right to litigate the issue. He does, however, question the need for an expensive DC attorney when the S.C. Attorney General’s office already employs 66 lawyers.

In a Post and Courier article, Louthian asked, "Are we saying nobody on that staff is capable of handling this? Obviously there are plenty of people who can handle it who are already being paid. How can we justify this?"

Others agree that the cost is too high, and that if the state is going to spend that kind of money on voting issues, the money could be better used to update the voting machines.

Common Cause is a nonpartisan, nonprofit advocacy organization for citizens to make their voices heard in the political process and to hold their elected leaders accountable to the public interest. One of their primary causes is in protecting the American public’s right to vote.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to whistleblower claims, the Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

South Carolina's poor performance in health care received renewed attention in United Health's 2011 America's Health Rankings. South Carolina was ranked 45th of 50 states for population health.The rank represents a drop from 2010 when the state was 40th. High rates of obesity, poverty and disparities in health care access led to the state’s poor showing.

The rankings, generated by using national data from the CDC, FBI and the U.S. Department of Health and Human Services, examined rates of smoking, drinking, high school graduation, and preventable hospitalizations, in addition to community factors and infant mortality rates.

While South Carolina did better than average in some categories, with good scores on binge drinking and child immunization, the state scored below average in almost all other factors. South Carolina ranked 47th in obesity, with 32% of the population considered clinically obese.The state also ranked poorly in mental health, prenatal care, number of primary care physicians and infant mortality.

The ten bottom ranking states were Missouri, West Virginia, Nevada, Kentucky, Texas, South Carolina, Alabama, Arkansas, Oklahoma, Louisiana, and Mississippi. The top healthiest states were: Vermont, New Hampshire, Connecticut, Hawaii, Massachusetts, Minnesota, Utah, Maine, Colorado, and Rhode Island.

United Health hopes the survey will draw attention to ways states can improve the health of their population. The report states, "The ultimate purpose of America’s Health Rankings is to stimulate action by individuals, elected officials, medical professionals, public health professionals, employers, educators and communities to improve the health of the population of the United States."

The personal injury lawyers at the Louthian Law Firm agree. We hope these kinds of reports have the positive result of spurring our state and local officials into action.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., is a South Carolina personal injury law firm that has been obtaining fair compensation for defective product victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm represents truck accident victims and their families throughout South Carolina in personal injury and wrongful death lawsuits, including those in the communities of Columbia, Charleston, Florence, Greenville, Spartanburg, Myrtle Beach and Rock Hill.

For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

The federal government’s ongoing debate over a proposal to reduce the hours that truckers can spend driving coincides perfectly with the start of National Drowsy Driving Prevention Week, South Carolina truck accident lawyer Bert Louthian said today.

“For weeks, lawmakers have haggled over the costs and benefits associated with making changes to truck driver regulations,” said Louthian, a Columbia attorney who represents clients in personal injury and wrongful death lawsuits involving commercial motor vehicles such as trucks, tractor-trailers, 18-wheelers and semis.

“But you can’t put a price on a human life,” Louthian said.” If changes to the law can prevent fatigued driving among truck drivers, then my firm stands fully behind it.”

Preliminary data from the U.S. Department of Transportation show that more than 1,500 people were injured in South Carolina truck accidents in 2010. Information on South Carolina truck crash fatalities for 2010 is currently unavailable, but there were 82 deaths in 2009, USDOT statistics show.

And according to the National Sleep Foundation – the sponsor of National Drowsy Driving Prevention Week – fatigued driving played a role in 1 in 6 fatal auto accidents in 2010. An estimated 1 in 8 of those crashes resulted in an occupant’s hospitalization.

“It’s clear that fatigued driving is a problem regardless of what type of vehicle you drive,” Louthian said. “But truck drivers sit behind the wheel of 10,000-pound machines that can have a much more devastating effect in a crash. Reducing their driving time, even by one hour, could save lives.”

The proposed changes to the FMCSA rules include:

• Cutting driving time within a 24-hour driving period from 11 hours to 10;


• Limiting drivers to one 34-hour restart within a seven-day period and requiring all 34-hour restarts to include two periods between midnight and 6 a.m.;


• Forcing truckers to take at least one 30-minute break after being on duty for seven hours and a total of one hour of breaks within any 14-16-hour driving window.

“Again we come back to the question of profits over people,” Louthian said. “Of course, we need trucks to provide goods to consumers across America. But the Federal Motor Carrier Safety Administration is doing right by the public by examining their regulations closely.”

Not only that, the agency is doing right by its truck drivers, the South Carolina attorney added.

“Just because trucks are bigger and drivers are less likely to suffer the worst injuries doesn’t mean they never get hurt,” Louthian said. “Their families suffer just as much from the emotional and financial burdens of a truck accident as would any other family.”

According to the National Highway Traffic Safety Administration, there were 3,380 truck-related fatalities in 2009, the latest year for which complete data is available. Of that number, 503 of the deaths were truck drivers.

Louthian said it’s important for people who have been injured in truck accidents to consult with an attorney as soon as possible.

“Unlike your traditional auto wreck, the trucking industry is regulated by strict federal guidelines that can be hard for the layperson to interpret,” he said. “There’s also the issue of going up against large trucking corporations who have teams of defense lawyers at their disposal. An experienced truck accident attorney can conduct a thorough investigation so that accident victims can focus on their recovery.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Bert Louthian, a Columbia attorney who focuses on False Claims Act cases, today repeated his support for a federal whistleblower protection law that was approved by a key Senate committee last week.

“The Whistleblower Protection Enhancement Act is a necessary and appropriate piece of legislation that will close many loopholes and extend the original law’s protection to such federal workers as airport baggage screeners and research scientists,” said Louthian of the Louthian Law Firm, P.A., a South Carolina law firm that represents clients in qui tam claims as well as a wide variety of personal injury actions.

The Senate Homeland Security and Governmental Affairs Committee unanimously approved the Whistleblower Protection Enhancement Act on October 19, indicating it has bipartisan support, according to the Washington Post.

The bill was approved by the Senate and House of Representatives last year before a last-minute anonymous hold derailed it. The legislation was reintroduced last April.

Louthian said the pending legislation has several provisions that will strengthen the existing Whistleblower Protection Act.

“A key enhancement in the new bill is its provision for access to jury trials in federal district court for whistleblowers to challenge major disciplinary action levied against them by their employers in retaliation for whistle-blowing complaints,” Louthian said.

Whistleblower, or False Claims Act, laws are meant to protect workers who report fraudulent activity pertaining to government funds. They allow individuals to file lawsuits on behalf of government agencies that are being defrauded, which are known as “qui tam claims.” Whistleblowers may collect 15 to 30 percent of any money recovered in a successful lawsuit.

Typical False Claim Act lawsuits pertain to tax fraud, health care fraud (such as false Medicaid or Medicare claims), Social Security fraud or corporate fraud that involves overbilling the government or submitting false information to regulatory agencies, Louthian said.

“Whistleblower lawsuits often deal with government programs guided by complicated rules and regulations,” Louthian said. “This complexity, plus the intimidation factor of taking on an employer who could retaliate, is understandably daunting. That’s why having an experienced False Claims Act attorney and law firm on their side immeasurably strengthens the whistleblower’s hand.”

Louthian said his firm provides free, confidential assessments of claims for workers who believe a corporation, individual or health care provider is defrauding the government.

“When a case has merit, the Louthian Law Firm is serious about whistleblower lawsuits and about assisting and protecting those courageous workers who have stepped forward,” he said.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

The existing South Carolina whistleblower law is an attempt to encourage state and local government employees to report instances of wrongdoing by other government employees. Such wrongdoing could include bribery, kickbacks, embezzlement, conflicts of interest and misuse of government assets for personal gain. Unfortunately, the S.C. law acts as a disincentive for potential whistleblowers.

Typical witnesses to public corruption are employees who can face retaliation from the very people who are committing the criminal acts. Whistleblower protection legislation should protect and compensate those reporting alleged wrongdoing, but South Carolina law sets arbitrary, low limits on restitution, thereby discouraging the whistleblowers from stepping forward.

South Carolina attorney Herbert W. Louthian co-authored an article on the S.C. whistleblower law and its need for reform. Louthian's article, SC’s Whistleblower Law Reforms Long Overdue, states, “The current law (Section 8-27-10 et seq.) limits the damages for a government employee who has suffered retaliatory discharge or demotion to $15,000. That means if the employee was earning $50,000 per year, was fired in retaliation and remained jobless for two years, he would suffer a net loss of $85,000 plus lost benefits.”

He further points out that the current law stipulates attorneys may be paid only $10,000 in fees for a tried case. If the case continues through the appeals process, the attorney can then get only another $15,000 potential fee even if the case drags on for as long as two more years.

This scenario demonstrates that the potential for whistleblowers recovering lost wages or being rewarded for protecting the government from corrupt activities is virtually nonexistent. In fact, Louthian opines, “… no sane employee would risk losing his job and livelihood to blow the whistle on public corruption, and no attorney would take the case.”

South Carolina legislators have the responsibility to reform this law to motivate and fairly compensate the victims and any attorneys that pursue whistle blowing. Attorney Louthian recommends a three-pronged approach to a new law. First, the recovery of damages and lost wages should be fair and in line with actual losses an employee would experience. Attorneys, too, should recover fees in line with the case complexity, time spent, and the results achieved. Last, the whistleblower should receive compensation for the recovery of misused or stolen public funds of at least 10 percent.

South Carolina's governor and our legislators have taken the first steps in helping to curb public corruption in our state with long-overdue reforms. Governor Nikki Haley has created an Office of Inspector General to help identify cases of public corruption in her Cabinet agencies. Furthermore, SC senators Jake Knotts and Vincent Sheheen introduced a bill in early May to institute the reforms suggested.

The article co-authored by Louthian closes by saying, “These reforms would be much more effective if public employees were incentivized by a new sharp-edge whistleblower law to report the illegal activities that only they know about. Together, they can save the taxpayers enormous sums of money in the near future.”

The South Carolina attorneys at Louthian Law Firm are here for you if you want to pursue a claim under the whistleblower act or any other employment law.

Contact Our SC Personal Injury Lawyers Today

If you or someone you care about suffered a personal or other injury caused by someone else, or have been harmed by a workplace practice, contact the South Carolina attorneys at Louthian Law Firm today at 866-454-1200, or locally at 803-454-1200, or online for a free evaluation of your case.

Continuing our conversation of Securities Arbitration cases for defrauded retirees.

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Two recent awards in retirement securities arbitrations are bringing hope to retirees who have disputes with brokerage firms that gambled away their retirement funds. The first, in the case of Cain v. Securities America, concerns a retiree whose hard-earned savings were liquidated in favor of more aggressive investments. After an extensive arbitration process, the petitioner was awarded nearly $4 million in compensatory damages, another $3 million in punitive damages designed to punish the securities companies, and nearly $2.5 million to offset legal fees and costs.

The second case, May v. Intersecurities, Inc., involved IRA rollover accounts that were placed into high-variable annuities that proved risky, unsuitable to the retiree’s objectives, and ultimately worthless, producing no investment income whatsoever and losing the funds that had been promised to sustain the petitioner throughout retirement. May was eventually awarded nearly $1.7 million in compensatory damages and half a million dollars in punitive damages.

Continue reading "Securities Arbitration: New Hope for Defrauded Retirees" »

A recent article in the Wall Street Journal points out a strategy that has given victims of the subprime loan crisis new hope: using the 1921 Martin Act as a legal tool to crack down on misleading mortgage-backed securities offerings. Why is the Act so powerful? Simple: it takes away the burden for a plaintiff to prove intent to defraud, making filing a lawsuit against an unethical securities company that much easier for plaintiffs.

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An interesting debate on South Carolina speed limits is heating up the pages of the Charleston Post and Courier. A recent editorial on speeding prompted community response from readers who debate speed limits, enforcement of limits, and lack of driver education.

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The state Department of Motor Vehicles came out with some good news for South Carolina drivers this month. According to The State, the number of uninsured drivers involved in accidents in our state has dropped by half in the past few years, from 18% in 2003 to 9% in 2006, thanks to laws passed in 2002 and 2005. And because those are only the uninsured drivers who get into car wrecks, those numbers are probably even higher for the state as a whole. Industry and issue groups estimated that the uninsured rate could have been as high as 28% before the laws went into effect. As most of us know, this is a problem because uninsured motorists drive up insurance costs for those who do the right thing by buying insurance. They also don’t pay vehicle registration fees, depriving our state of needed tax revenue.

But there’s a more immediate threat posed by uninsured drivers, which many people don’t realize until they or someone they care about are hit. If you’re in an accident with someone who has no auto insurance, you may not be able to collect any compensation at all. It doesn’t matter whose fault it was, or what other circumstances might apply. The money just isn’t there, because the other driver illegally failed to buy insurance. As auto accident lawyers in South Carolina, we know how devastating this can be for seriously injured accident victims, who often have very expensive medical needs they cannot cover on their own.

Continue reading "Uninsured Drivers Put South Carolina At Risk" »

In a case that reads like a nightmare, a lawsuit asking for $10 million has been filed against a man who caused a car wreck in Anderson County on New Year’s Eve. According to the Anderson Independent-Mail News, it’s the third lawsuit against driver Robert Blair and his employer, Craft Construction, over the fatal three-car accident.

Blair, a construction company employee, was on his way to work on Dec. 31 at around 6:30 a.m. when he ran off the side of the road. Blair overcorrected and drove his company-owned Ford F-250 across the highway’s median, running it head-on into a car owned by a married couple named Andrew and Syblene McAbee. The McAbees died in the ensuing accident, as did Arlene Sorrells, Mrs. McAbee’s sister and a passenger in their vehicle. Blair survived, but witnesses reported that he was driving under the influence of alcohol, cold medicine and a prescription drug. He is currently awaiting trial on felony DUI causing a death. According to the newest lawsuit, filed by the husband and daughters of Arlene Sorrells, Blair’s co-workers were following in another vehicle.

Continue reading "Third Lawsuit Filed in New Year’s Eve Accident" »

On the day before Thanksgiving, Graco Children’s Products quietly recalled more than 300,000 infant car seats because they may pose a choking hazard. The backing of the seats can peel away from the seams, exposing filling underneath that could choke a curious baby. The recall affects Graco SnugRide stand-alone (non-travel) seats sold between August 2006 and mid-November 2007. Parents who think they may already have bought such a seat can visit the Graco Web site for more information on the recall.

The news may have been especially disheartening for parents who remember the February 2007 car seat report by Consumer Reports magazine, which found serious problems with many major-brand infant car seats. The magazine was forced to retract part of its report after discovering problems with its calculations, but stood by its request for a recall of at least two seats. One of the seats that didn’t fail safety tests was the Graco SnugRide -- the focus of the current recall. With this seat now under suspicion, parents of small children could be forgiven for wondering whether they can trust any major brand of child car seat.

Unsafe products for babies are especially bad news because babies can’t make their own consumer decisions. Parents charged with keeping fragile infants safe should be able to trust manufacturers to sell safe products that are free of defects and protect their children from auto accident injuries. If manufacturers betray that trust, parents can and should hold them legally responsible for the results with a South Carolina unsafe products lawsuit. If you’re considering a lawsuit over the injuries or wrongful death of your child, call the Louthian Law Firm today for a free case evaluation.

Santee Cooper, a South Carolina owned utility provider, is being sued for raising rates to pay for a building project but never returning the rates to their old prices after the project was completed, as they had agreed to. The suit alleges that the utility company owes around 150,000 customers hundreds of millions of dollars in paybacks for the 1994-1995 rate increase, an AP Report states.

“In a nutshell, Santee Cooper raised their rates to pay for a capital improvement project. It was only for a set amount of time. After that period, they were supposed to lower it, and they never reduced the rate like they were supposed to,” said Don E. Watson a Myrtle Beach motel and restaurant owner who is the lead plaintiff in the suit.

Continue reading "Santee Cooper sued over rate increase, violating agreement" »

The hits keep coming for the toy industry. Last week, a wave of new toy recalls by the RC2 Corp. and Target resulted in the recall of more then 900,000 toys. And now a consumer advocacy group said it has found hazardous levels of lead in many toys made out of vinyl plastic, an Associated Press report stated on Friday, September 28th.

Mike Schade, a campaigner for the Center for Health, Environment, and Justice said that a random testing of 50 plastic toys found high lead level content in 11 of them.

“It’s absolutely astonishing to us that lead continues to be found in children’s toys despite the fact that consumer and environmental groups have been warning the government about this issue for more than 10 years”, said Schade.

Continue reading "Consumer Group Finds High Lead Levels In More Children’s Toys" »

The Federal Trade Commission announced that it has entered into a consent order which settles charges it had brought against the South Carolina State Board of Dentistry in 2003 alleging unfair trade practices.

The FTC alleged in 2001 that the Board of Dentistry had unlawfully restrained competition by requiring a dentist to examine every child before a dental hygienist could provide preventive care (such as cleanings) in schools.

Changes were made in 2000 to South Carolina law which allowed dental hygienists to provide preventive type services without a dentist having to first examine the child. The Board of Dentistry followed with the requirement that a dentist first examine all children which the FTC alleges resulted in fewer children receiving preventive care in schools.

Continue reading "Federal Trade Commission settles Board of Dentistry case" »

State newspaper reporter, Joy Woodson, has reported that Mihaela Sinzianu Livingston, a Romanian exchange teacher, has alleged in a lawsuit that she lost her job because she fell in love, got married, and decided to stay in America.

Ms. Livingston is suing FACES, a Columbia-based academic and cultural teaching exchange program, even though she signed a contract that bans participants from trying to remain in the United States and requires them to return home to teach for at least two years.

Ms. Livingston’s attorney says the contract is “unenforceable” and “unconscionable.”

Continue reading "Romanian teacher working in Columbia, South Carolina Fights Termination" »

Associated press writer Jim Davenport reported that the South Carolina legislature has agreed on a plan whereby employers who lie about what their workers do to save money on insurance premiums will face fines and prison time. The new legislation also calls for new standards on how injuries are reported and what is covered. The agreement also requires workers and their physicians to provide more specific information about their injuries.

House and Senate negotiators agreed to the overhaul about 30 minutes before the Legislature adjourned, but the legislators still need to come back for a special session on June 19 to approve the plan.

"I think this is a fair bill that takes a first step toward improving our business climate in South Carolina," said Cam Crawford, executive director of the South Carolina Civil Justice Coalition, a group that mostly looks out business owner interests.

Continue reading "South Carolina Legislature Agrees on Workers' Compensation Overhaul" »

The Associated press has reported that accidents from roller shoes are far more common than previously thought, contributing to roughly 1,600 emergency-room visits last year, the U.S. Consumer Product Safety Commission said Wednesday.

The target market for the wheeled shoes is mostly children and they are the ones being injured.

Scott Wolfson, a spokesman for the Consumer Product Safety Commission, said last week that the agency knew of at least 64 roller-shoe-related injuries and one death between September 2005 through December 2006.

Continue reading "Wheeled shoes more harmful than previously thought" »

A lawsuit which was initiated as a result of a falling-out between the Charleston-based creator of “Flip This House” and the cable network that carried the reality television series will go forward.

U.S. District Court Judge C. Weston Houck ruled on Wednesday, June 6, 2007 that there is enough evidence to suggest that the two sides made a verbal agreement to equally share profits from the cable network show.

Judge Houck denied the request by A&E Networks to dismiss the suit brought by Richard C. Davis of James Island-based Trademark Properties.

For more information, please contact the Louthian Law Firm.

A poignant editorial by the Reverend Wiley B. Cooper was published in The State newspaper on Friday, May 25, 2007. Rev. Cooper is a native of South Carolina, eligible for membership in both the Sons of the American Revolution and the Sons of the Confederacy, and the grandson of a pastor in the Methodist Episcopal Church, South. He is the pastor of a racially and politically inclusive congregation.

Reverend Cooper gave the following reasons as to why the Confederate flag must be removed from the State House grounds:

• No flag representing a former power that is no longer sovereign in South Carolina flies on the State House grounds. Not the French or Spanish flag, not the British flag, not even the flag of the American revolutionary armies or those who stood for country in the War of 1812. Why this one alone?

• According to the Ordinance of Secession, the primary reason that the Civil War was fought was to defend and perpetuate an economic system and way of life based upon one human being owning another. That cause was wrong then, and it is wrong now.

• Since the end of the Civil War, the battle flag of the Army of Northern Virginia has been used by lawless elements intent on frightening and murdering our black (and sometimes Hispanic or Jewish) brothers and sisters into a new subjugation. From the Klan, to those who threw rocks and spit at civil rights protesters, to the flags that flew over the hastily constructed “segregation academies,” to the present-day Nazi party, it continues to be displayed as a symbol of hatred and race and class enmity. It denigrates the lives and dignity of brothers and sisters of every race. It must not stand as a present symbol of South Carolina or her people.

Continue reading "Called to stand against the Confederate flag" »

The Charleston School of Law, South Carolina’s new law school, graduated its first class of 186 students on Saturday, May 19,2007.

Charleston School of Law Dean Richard Gershon said, “ These are our pioneers.” The law school opened in 2004 and is located in downtown Charleston. The school received its provisional accreditation from the American Bar Association in December of last year and now has around 600 students.

Former Democratic U.S. Sen. Fritz Hollings told the graduates that lawyers are among the greatest American leaders, invoking names like Patrick Henry, Thomas Jefferson, Abraham Lincoln and Franklin D. Roosevelt

“Today as you graduate, America’s heart is strong,” Hollings said. “We’ve got strong communities, the most productive industries, and the most competitive society. People are ready, willing and able to sacrifice. But we need, in their wake, the graduating class of 2007 lawyers to give her a steady hand. You can do it.”

For more information, please contact a South Carolina attorney at Louthian Law Firm.

The New York Times reported last week that a diethylene glycol, an industrial solvent and prime ingredient in antifreeze, can also kill people. If the syrupy poison is ingested, first the kidneys fail, and then the central nervous system begins to fail. Paralysis can result which makes breathing difficult and then impossible without assistance. Ultimately, most victims die. Many of the victims are children who are poisoned at the hands of unsuspecting parents.

Over the years, diethylene glycol has been used by counterfeiters in many varieties of medicine; cough syrup, fever medication and injectable drugs. The counterfeiters use the cheap sweet –tasting solvent instead of the safe, more expensive syrup (usually glycerin).

Toxic syrup has been involved in at least eight mass poisonings around the world in the past two decades. Researchers estimate that thousands of people have died. Records and interviews show that in 3 of the last 4 cases the syrup was made in China, which is a major source of counterfeit drugs. Last year, government officials in Panama unwittingly mixed diethylene glycol into 260,000 bottles of cold medicine. As a result, families have reported 365 deaths from the poison, 100 of which have been confirmed so far. Panama’s death toll leads directly to Chinese companies that made and exported the poison as 99.5% pure glycerin. The counterfeit glycerin passed through three trading companies on three continents, yet not one of them tested the syrup to confirm what was on the label.

An examination of these two major poisoning cases last year (in Panama and earlier in China) shows how China’s safety regulations have fallen behind its growing role as a low cost supplier to the world.

The US Food and Drug Administration warned drug makers and suppliers in the United States “to be especially vigilant” and looking out for diethylene glycol in medicine. China has already been accused by US authorities of exporting wheat gluten with the industrial chemical, melamine that ended up in pet and animal food. The FDA recently banned imports of Chinese made wheat gluten after it was linked to pet deaths in the US.

If you or a loved one has suffered serious illness due to a defective drug, contact a South Carolina Defective Drug Lawyer at Louthian Law Firm, P.A., immediately, even if only for an inquiry as to whether or not you may have a case.

Columbia police officer, David M. Dechane, has been named the South Carolina Bar’s Law Related Education Citizen of the Year. This award was created by the S.C. Bar to recognize people outside traditional legal and education fields who support the development of students into responsible citizens.

Officer Dechane has been a member of the Columbia Police Department for three years. He said working with the public and youth through his patrol duty has given him an appreciation for educating children about the law through positive experiences.

“Far too often, the only law-related education that young people come into contact with is through police intervention and the juvenile justice system,” he said.

Dechane became a regular volunteer at mock trial competitions sponsored by the bar after learning about the Law Related Education program.

“David has been an advocate to other police officers, recommending different programs provided by LRE for use by school resource officers and crime prevention officers,” said Cynthia Cothran, director of the Bar’s law-related education division. “He has exhibited a commitment to helping students gain a greater understanding of their role as citizens.”

The South Carolina Bar’s LRE Division has been a part of the S.C. Bar since 1976.

To discuss this event further, please contact a South Carolina Lawyer at Louthian Law Firm.

The 40-foot hand-cranked Confederate submarine, “The H.L. Hunley “sank the Union blockade ship,” Housatonic” by ramming it with a spar with a black powder charge, sinking the vessel on Feb. 17, 1864. The Confederate submarine also sank and was finally located in 1995. It was raised five years later and brought to a conservation lab at the old Charleston Naval Base in Charleston, South Carolina.

Senior U.S. District Judge Sol Blatt, Jr. has dismissed a counterclaim to a lawsuit relating to the discovery of the Confederate submarine H.L. Hunley, which was the first submarine in history to sink an enemy warship. Underwater archaeologist E. Lee Spence claimed he suffered as much as $309 million in damages because the discovery was credited to author Clive Cussler.

A group headed by Cussler initially sued Spence six years ago. Cussler’s group claims that Spence's continuing claim he found the submarine injured the reputation of Cussler's National Underwater & Marine Agency.

The South Carolina Hunley Commission supports the Cussler group’s claim that they found the sub off the coast of Charleston 12 years ago. Spence counterclaimed in 2002 and asked the court to declare him the finder.

Judge Blatt dismissed the counterclaim this week saying the three-year statute of limitations on admiralty claims had expired. Lee Spence's attorney had argued the statute of limitations period started when the coordinates of the Hunley were published by the state in 2000. Judge Blatt ruled, however, that it started to run in 1995, the day Cussler and his team announced the discovery.

Continue reading "South Carolina Federal District Judge Dismisses Suit in Hunley Case" »

On Wednesday, May 23 2007, State newspaper reporter, Rick Brundrett, reported that S.C. Court of Appeals Judge Donald Beatty (55) from Spartanburg, South Carolina became only the 3rd African-American in South Carolina history to join the state’s highest court.

The former state representative defeated two colleagues on the Court of Appeals — Chief Judge Kaye Hearn of Conway and Bruce Williams of Columbia — to win the seat of retiring S.C. Supreme Court Justice E.C. Burnett.

Judge Beatty is the first African-American to be elected to the five-member court since Ernest Finney Jr. retired in 2000 after six years as the state’s first black chief justice and a total of 15 years on the court.

The court’s first black member was Jonathan Jasper Wright, who served from 1870-77 during Reconstruction.

Judge Beatty said he starting thinking about the Supreme Court about six to eight months ago after being asked to run. Beatty, who served in the military and also on Spartanburg City Council in the late 1980s, was one of 7 children and said growing up in a large family helped him to “negotiate and compromise.

Continue reading "South Carolina Supreme Court Gets Third Black Justice in State’s History " »

State reporter, Aaron Gould Sheinen, reported on Monday, May 21, 2007 that the race for a seat on the state Supreme Court has become “bloody,” according to a state lawmaker.

South Carolina is one of the few states where lawmakers alone pick judges for family court, circuit court, Court of Appeals and the state Supreme Court and judicial elections are almost always contentious.

“The process is flawed from the start,” Rep. Mitt Pitts, R-Laurens, said last week. “I’m seeing relationships eroded to the point that I believe it’s going to affect what the body does legislatively for the next few years. The floor is getting bloody.”

This year’s Supreme Court race is especially heated for several reasons:

Continue reading "Race for Position on South Carolina Supreme Court Heats Up" »

Kathleen Parker of the Washington Post reported on Wednesday May 16 that federal court has ruled that a white teacher in a predominantly black school was subjected to a racially hostile work environment.

The case involved teacher Elizabeth Kandrac, who was verbally abused by black students at Brentwood Middle School in North Charleston, South Carolina. Despite Ms. Kandrac’s frequent complaints, school officials did nothing to stop the harassment. School official said the racially charged profanity was simply part of the students’ culture and that if Kandrac couldn’t handle cursing she was in the wrong school.

Kandrac finally filed a complaint with the EEOC and ultimately filed a lawsuit against the Charleston County School District. The case was tried and the jury found that the school was a racially hostile environment to teach in and that the school district retaliated against Kandrac for complaining about it.

U.S. District Judge David C. Norton recently affirmed the verdict after the defendants asked for a new trial.

The judge found, however, that the jury’s finding of $307,500 in damages for lost income and emotional distress was not supported by the evidence and a new trial would have to be held to determine the appropriate measure of damages. Kandrac and the school district end up settling the case for $200,000.

Continue reading "Hate Speech at South Carolina Middle School" »

This week the U.S. Supreme Court refused the request of South Carolina to argue ownership of over 400 letters from the Civil War, clearing the way for the surviving heir to send the letters to auction this summer. The letters had been in possession of the family of Thomas Willcox since 1865. At that time, Major General Evander McIver Law, great-great uncle of Mr. Willcox, amassed the letters during burning of Columbia which include correspondences from General Robert E. Lee as well as several Civil War figures of South Carolina.

Three years ago, Mr. Willcox had planned to sell the letters, worth an approximate $2.4 million when Attorney General Henry McMaster sued on behalf of the state to block the sale on the grounds that the letters are the property of the state. The letters were taken from Mr. Willcox and stored in a bank vault pending outcome of the trial. In October of 2006; a panel of judges of the 4th U.S. Circuit Court of Appeals in Richmond upheld the ruling of a lower court that stated Willcox owns the letters and could have them back.

Mr. Willcox decided to sell the letters three years ago when faced with foreclosure on his home and another property. Now more than ever the sale is a necessity, "Because the state tried to seize the documents, he had to file bankruptcy," Willcox's attorney, Kenneth Krawcheck said. "We're working under a bankruptcy court approved plan that calls for an auction once these sorts of issues have been resolved. It's time to go do that."

McMaster has held the belief that the letters are “priceless, historic items that need to be properly preserved and maintained.” The state has never made an offer to purchase the documents. The state has plans to appeal.

For more information on this subject matter, please contact a South Carolina attorney at Louthian Law Firm for a free consultation.

The Associated Press reported on Sunday, May 6, 2007 that a high school senior who was arrested for writing a violent essay for an English class may return to school and will be allowed to graduate with his class.

Allen Lee, who wrote the essay on April 23, 2007 at Cary-Grove High School in Chicago, was arrested the next day on two misdemeanor charges of disorderly conduct. Lee, an honor student with a 4.2 grade point average, was readmitted following negotiations with school district officials. According to Mr. Lee’s attorney, Dane Loizzo, the meeting with the school board officials resulted in an agreement that Allen Lee was “not a threat and never was a threat and he should be treated as such”.

Loizzo contended that charges against Mr. Lee were the product of paranoia as a result of the massacre of 32 students at Virginia Tech.

Lee’s essay read in part: “ Blood, sex and booze. Drugs,drugs,drugs are fun. Stab, stab, stab, stab, stab, s…t…a…b… puke. So I had this dream last night where I went into a building, pulled out two P90s and started shooting everyone, then had sex with the dead bodies. Well, not really, but it would be funny if I did”.

Despite the graphic nature of Mr. Lee’s essay, his attorney said that the teacher had told students: “Be creative; there will be no judgment and no censorship.”

Continue reading "High School to Readmit Author of Disturbing Essay" »

In an article published on Friday, April 27, 2007 in the Charleston Post and Courier the Reverend Joseph A. Darby, Senior Pastor of Morris Brown African Methodist Episcopal Church, shares his thoughts on the continuing confederate flag debate in South Carolina. The most recent rash of controversy has been stirred up as a result of University of South Carolina football coach, Steve Spurrier, taking a public position in opposition to the flag.

For those of you unfamiliar with the confederate flag debate in South Carolina, a few years ago the flag was removed from the top of the State Capital and placed in another, still prominent, place on the State House grounds.

Rev. Darby’s article is largely in response to statements made by Sen. Glenn McConnell who is a confederate flag supporter. In referring to the NAACP sanctions resolution, Rev. Darby starts out by saying that “the Senator and I disagree on what constitutes sovereign placement.” The NAACP resolution maintains that the only flags that should fly in front of any public building, whether a post office, a school or the state house should be the flags of an existing sovereign government. The resolution goes on to state that the bipartisan compromise which placed the flag on State House grounds has failed to resolve the issue.

Rev. Darby graciously stated that he had “no interest, whatsoever, in obliterating the role of the flag in southern history. The armies that marched, fought and died behind that flag are an interwoven element of the fabric of southern history. That history, however, is of a nation formed in part to assure the right of states to maintain an economic system based on people owning people. Slavery is also a part of American history and the flag of the United States of America flew for a time over northern slavery. The United States of America, however, is still an existing sovereign government. The Confederate States of America no longer exists as a sovereign government.”

While I personally believe that the Confederate flag has no business being anywhere on our State House grounds, Rev. Darby believes that there is “adequate room on the grounds of the State House for the placement of the flag in a position that clearly denotes history and not heritage and I do hope that it is found and agreed to sooner rather than later so that the matter can be resolved and that all South Carolinians, can celebrate our shared heritage and offer appropriate respect for our diverse heritage.”